Tag Archives: disparate impact

Heed Those Warnings About EEOC Systemic Investigations!

The EEOC Is Serious About Systemic Enforcement, and These Cases Are A Pain!  We have increasingly warned employers about the EEOC’s increased focus on “systemic litigation.”  While the systemic program started in 2006 under the Bush Administration, the Obama Administration … Continue reading

Posted in background checks/examinations, class actions/systemic investigation, discipline and discharge, EEOC, employer policies, government inspections, litigation | Tagged , , , , , , , , | Leave a comment

Confusion About Safety Incentive Plans – Legal or Illegal?

Questions about Safety Incentive Plans have resurfaced in a number of discussions and blogs because of OSHA’s steadily increasing rhetoric against safety incentive programs that rely on injury data and/or whose incentives OSHA deems to be of sufficient magnitude to … Continue reading

Posted in aging workforce, construction, discipline and discharge, employer policies, government contracting, government inspections, incentive plans, manufacturing, OSHA, plastics, workers comp | Tagged , , , , , , , , , , , | Leave a comment

Employers Should Take the EEOC More Seriously In 2013

Some executives and managers consider EEOC charges to be a cost of doing business.   Based on past experience, they do not treat Discrimination Charges with the same concern as other legal matters.  The EEOC’s current focus on Systemic Discrimination and the … Continue reading

Posted in aging workforce, cultural changes, EEOC, employer policies, food processing, generational differences, government contracting, government inspections, harassment, hospitality, manufacturing, plastics, recruiting, retail | Tagged , , , , , , , , , , , , , , , , , | Leave a comment

Should An Employer Use Criminal Record Checks? Part 2

The post below is Part 2 of my law partner, Bert Brannen’s tips to safely using criminal record checks in the context of increased regulatory scrutiny. 3. Revise The Inquiries On Your Employment Application. The EEOC Guidance strongly discourages employers … Continue reading

Posted in construction, EEOC, employer policies, food processing, hospitality, manufacturing, recruiting, retail, Uncategorized | Tagged , , , , , | Leave a comment

Should Construction Owners Continue To Use Criminal Background Checks? Part 1

My friend and partner, Bert Brannen is going to provide a three-part discussion on criminal background checks, including practical compliance tips. ( http://www.laborlawyers.com/dbrannen ). PART 1 Earlier this year, the EEOC issued Enforcement Guidance on the “Consideration of Arrest and … Continue reading

Posted in construction, discipline and discharge, EEOC, employer policies, harassment, hospitality, manufacturing | Tagged , , | Leave a comment